The applicant condominium owner brought a claim against the condominium corporation, the landlord of the unit above, and the tenant of that unit, alleging an ongoing noise nuisance.
The condominium corporation settled with the applicant, agreeing to pay costs and tribunal fees.
The tribunal proceeded against the landlord and tenant, finding that the tenant's frequent late-night noise constituted an unreasonable nuisance under section 117(2) of the Condominium Act, 1998.
The tribunal also found the landlord failed to take reasonable steps to ensure the tenant's compliance.
However, because the tenant had vacated the unit and the applicant provided no evidence of financial damages, no compensation or further costs were ordered against the landlord or tenant.